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REFERENCE TITLE: municipalities; associations; restrictions |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2723 |
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Introduced by Representative Carter N
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An Act
amending section 9-461.15, Arizona Revised Statutes; relating to municipal planning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-461.15, Arizona Revised Statutes, is amended to read:
9-461.15. Requirement of planned community prohibited
A. The planning agency of a municipality, in exercising its authority pursuant to this title, shall not require as part of a subdivision regulation or zoning ordinance that a subdivider or developer establish an association as defined in section 33-1802. A subdivider or developer shall not be penalized because a real estate subdivision or development does not constitute or include a planned community.
B. A municipality may require a subdivider or developer to establish an association to maintain private, common or community owned community-owned improvements that are approved and installed as part of a preliminary plat, final plat or specific plan. A municipality shall not require that an association be formed or operated other than for the maintenance of common areas or community owned community-owned property. This subsection applies only to planned communities that are established in plats recorded after the effective date of this section july 24, 2014.
C. This section does not limit the subdivider or developer in the establishment or authority of any planned community established pursuant to title 33, chapter 16 or limit a subdivider, a developer or an association from requesting and entering into a maintenance agreement with a municipality.
d. Notwithstanding any other law, if a municipality requires a subdivider or developer to establish an association pursuant to subsection B of this section, a regulation or restriction adopted by the association may not be more restrictive than any existing municipal regulation or restriction. this subsection applies only to associations established after the effective date of this amendment to this section.